A
Miranda warning advises people of their constitutional right not to answer
any questions and that it is recommended to have an attorney present
before you answer any questions.

What do you
do if you are questioned by the authorities?First always treat law
enforcement officers with respect. Remember they are here to protect all of
us and the service they provide comes at great risk to these officers
everyday. Now understanding this here are some Q & A's regarding your rights
if you are questioned.

Must a police officer always
advise a person of their Miranda rights before asking a question?

No. The Miranda warning is only in
effect during a "custodial interrogation." This means that the person
being questioned is in custody or believes that in the surrounding
environment he or she is not free to leave.

If I am in custody, how do I
assert my right to remain silent?

A suspect who has been arrested need
only say " I want to speak with an attorney" or " I have nothing to say
now." If the police officer continues to question the you, the police have
violated your civil rights under the 5th Amendment. Anything
that the you say after the violation is inadmissible as evidence in a
court of law.

If I am not under arrest, do I
have to answer a police officer’s questions?

No. Unless you are placed under arrest
you are free to leave at any time. However, if a police officer stops you
while you are walking, and asks you for identification, it is probably in
your best interest to provide such information. The courts have allowed
police officers to detain people for extended periods of time in an effort
to determine your identity.

Can I waive my Miranda rights?

Yes. If you have been arrested, and
you have been given your Miranda warning, then anything that you say can
and will be used against you in court.

But the police officer said
that if I talked, he would help me out.

This is something police officers
almost always say. Remember a Police Officer has no authority to cut you a
deal or special considerations. Police officers have no control over what
happens to you after you have been arrested. The determination of what you
will be charged with, and how you will be sentenced, is up to the
prosecutor and the presiding judicial judge.

If I am arrested, should I
hire an attorney?

The rules of thumb is Yes if you are
arrested you should consult an attorney. The procedures of criminal law
are generally too difficult for a lay person to understand without a legal
background to effectively comprehend. To become a prosecutor, a person
must spend at least four years in college, then another three years in law
school, and finally, pass the state bar examination. It is easy to see why
defending yourself against a state prosecutor without the help of an
attorney, is not a wise decision.

If you are stopped while
driving a motor vehicle.

·Simply avoid
speaking with the officer at all costs. Tell him or her that you are not
going to speak with them under any circumstances.

·Hand over your
driver’s license, registration and insurance paperwork and remain seated
in the vehicle with your hands in full view of the officer.

·If the officer
asks you to get out of the car, explain that you are not going to take any
field tests under any circumstances. Tell the officer to charge you with
an offense or let you go.

·This will
generally draw the response that you are under arrest. The officer will
then ask you to get out of the car. At this point you must comply with
the officer or be charged with resisting arrest. Don’t make matters worse,
do as your told.

·Simply get out of
the car, hold out your hands for the handcuffs, and keep your mouth shut.

·If you are taken
into custody its not the end of the world. You will have to endure several
hours at the local jail and have to pay to be bonded out, but the good
news is that your chances of beating your case are much better because you
remained silent. Remember the old adage “fish die by the mouth” pick the
fights you know you can win. So you lost the battle but you did not loose
the war that’s what counts ask any lawyer.

Free Miranda Rights Invocation Card. Keep a copy of
your civil rights in your wallet. Know what to say or better what not to
say if you are questioned or placed under arrest by authorities. Don’t
take a chance on loosing your civil rights or privileges by not knowing
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I wish
to invoke my Miranda Rights to remain silent under the statutes and
constitution of the United States of America. I do not want to talk or
answer any questions to law enforcement. I do not want to participate
in any lineup or show-up until I consult with an attorney and he is
present. I do not consent to any search of my person, property or
possession under my control or which I have an interest. I declare
that I do not waive my legal rights and I insist on having my lawyer
present.

This
card was supplied to me by BailYes.com @ 1-800-Bail-Yes and under the
recommendation of legal advice. With no disrespect intended Mr.
Officer I have nothing further to say at this time other than, I wish
to know what I am being charged with and an opportunity to call my
lawyer at 914-841-5555 or 1-800-224-5937.